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Renewable Energy and Energy Storage Facility Siting

All MPSC workgroup meetings are being conducted via teleconference. Remote access information for upcoming meetings is available on our calendar of events.

On November 28, 2023, Governor Gretchen Whitmer signed House Bill 5120 (PA 233 of 2023) which provides siting authority to the Commission for utility-scale wind, solar, and energy storage facilities under specified conditions. The MPSC has engagement sessions scheduled that are open to the public to gather input on the implementation of PA 233.

What facilities are covered by PA 233?

The siting process created in PA 233 applies to

  1. Solar facilities with a nameplate capacity of 50 MW or more,
  2. Wind facilities with a nameplate capacity of 100 MW or more, and
  3. Energy storage facilities with a nameplate capacity of 50 MW or more with a discharge capability of 200 MWh or more.

Under what specific conditions could an application be filed with the Commission under PA 233?

  1. When a local unit of government requests the Commission to require an electric provider or independent power producer to file an application for a certificate with the Commission under Section 222(2) of Act 233,
  2. When a local unit of government does not have a compatible renewable energy ordinance (CREO),
  3. When a local unit of government fails to approve or deny the request in a timely manner,
  4. When a local unit of government denies an application that complies with the requirements of Section 226 of Act 233, or
  5. When a local unit of government amends its zoning ordinance after notice of a compatible renewable energy ordinance and the amendment imposes additional requirements on the development of energy facilities that are more restrictive than those in Section 226(8) of Act 233.

Does PA 233 take away control from local landowners?

No. Participating or not participating in a renewable energy or energy storage project is a decision for individual landowners. Commission approval of a siting certificate under PA 233 does not confer the power of eminent domain or require landowners to participate against their wishes.

PA 233 is effective on November 29, 2024.

Commission Actions to Date

On February 8, 2024, the Commission issued an Order in Case No. U-21547 directing the Staff to hold public meetings starting in March 2024, engage with experts, local units of government, project developers and other interested persons to consider issues relating to application filing instructions or guidelines, the potential use of consultants and assessment of application fees, pre-application consultations, to consider guidance for use in the development of compatible renewable energy ordinances, as well as any additional issues that may arise during the engagement process.  The Order directs Staff to file recommendations on application filing instructions, guidance relating to compatible renewable energy ordinances, and other recommendations by June 21, 2024, followed by a period for comments until July 17, 2024, and reply comments until August 9, 2024. 

Next Steps

Initial engagement sessions will take place virtually via Microsoft Teams on March 7, 2024 at 1:30 pm and March 19, 2024 at 1:30 pm.  Details for these initial sessions and future sessions will be added to this website as they become available.

Meeting Schedule

March 7, 2024 1:30 pm (Teleconference Only)

Meeting Event | Agenda

March 19, 2024 1:30 pm (Teleconference Only)

Meeting Event

April 5, 2024 (Teleconference Only)

April 26, 2024 (Teleconference Only)

May 17, 2024 (Teleconference Only)


Status: In Process

Lead Staff: Cathy Cole


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